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Home My WebLink AboutBoard of Appeals - 5/22/2002OlHKOlH ON THE WATER May 22, 2002 City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX Daniel Schmidt 637 W. 6TH Avenue Oshkosh, Wisconsin 54902 RE: 637 W. 6"' Avenue Dear Mr. Schmidt: Jackson R. Kinney Director On May 22, 2002 the Board of Appeals approved your building code variance for the creation of a bathroom within an existing second floor closet space that upon completion will have a finished ceiling height of 6 feet 9 ,~Z„ The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on May 23, 2002. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on November 14, 2002 unless you have obtained a permit for the activity allowed by the variance. If you fail to get a permit by this date, you must reapply for a variance if you intend to go ahead with the activity allowed by the variance. Please be advised that any person or persons aggrieved by any decision of the Board of Appeals may commence action in Circuit Court within thirty (30) days after the filing of the decision. Permits may be issued on approval of the Board, but you should be aware that further action could take place until as much as 30 days after the date of the decision. Building permits may be applied for from the Inspection Services Division in Room 205 at the Oshkosh City Hall between 7:30 - 8:30 AM and 12:30 - 1:30 PM, Monday thru Friday, or call (920) 236-5050 for an appointment. Please bring all required building plans and information necessary for review when obtaining your building permit. If you have any questions, feel free to call me at (920) 236-5050. Cc: Inspection Services Division, City Hall Dillman Builders BOARD OF APPEALS MINUTES MAY 22, 2002 PRESENT: Carl Ameringer, Fred Dahl, Cheryl Hentz, Don Krueger, John Schorse EXCUSED: Joel Kluessendorf, Edward Wilusz STAFF: Matt Tucker, Associate Planner; Mary Lou Degner, Recording Secretary The meeting was called to order by Chairman Krueger. Roll call was taken and a quorum declared present. The minutes of May 8, 2002 were approved as mailed. (Hentz/Ameringer) Unanimous. I: X 637 W. 6TH AVENUE Daniel Schmidt, owner, is requesting variances to the City's Building Code. Per Oshkosh Building Code Section 7-33, persons may file an appeal to the Board of Zoning Appeals as provided in the City Zoning Ordinances, Section 30-6(B)(2)(a) if an equally good or better form of construction is proposed. All appeals shall be accompanied by supporting data. Allyn Dannhoff, Chief Building Inspector, introduced the item. He said the owner of the property applied for a permit to install a bathroom on the second floor and through the review process it was determined there was not the compliant headroom required for the proposed bathroom nor for the entire second floor. Mr. Dannhoff said it should be noted that by adding a second floor bathroom there would be no increase in the habitable azeas on that floor level and they already have a code compliant bathroom elsewhere in the home. He added it is not an issue of adding a substandazd facility as their only facility. Mr. Dannhoff explained that the City adopts the State of Wisconsin Building Code for a requirement of 7' ceiling height to existing structures, but since this is apre-existing structure the City has the authority to grant variances in this situation. Mr. Ameringer noted that in past similar cases there have been other criterions such as the requirement for smoke detectors. He asked if there were any safety concerns or issues. Mr. Dannhoff said the reason that condition was not imposed on this variance request was because the amount of habitable space is not being increased, the proposed bathroom will be installed in an existing closet. Ms. Hentz noted that smoke detectors aze required per State law. Discussion continued on the types of smoke detectors, battery versus interconnected. Chairman Krueger asked if the property was zoned R-2, and inquired if the property could be used as a duplex. Mr. Tucker responded the property is R-2, but could not be classified as a duplex, without proper variances, because the lot is not code compliant in terms of depth or lot azea. Mr. Dannhoff said another area of concern could be if the property was used as a single- family rental, due to the second floor ceiling height being less than 7'. Board of Appeals Minutes - 2 - May 22, 2002 Motion by Hentz for approval of the variance for creation of a bathroom within an existing second floor closet space that upon completion will have a finished ceiling height of 6' 9 1/2". Seconded by Schorse. Motion approved 5-0. Finding• of the fact: It was concluded there does not appear to be any safety concerns due to the fact that it is not creating additional habitable space and smoke detectors are required by State Law. II: 3071 SHADOW LANE Fred Baker, applicant and owner, requests a variance to construct a garage in the front yard area with a 15' front yard setback to Shadow Lane and a 3' setback to Harbor Way Road, whereas Section 30- 17(B)(40 of the City of Oshkosh Zoning Ordinance requires garages be located in the side or rear yard. Matt Tucker introduced the item and circulated photos. He explained the City is currently reviewing the ordinance to possibly modify it, which would permit this type of structure in the front yard area because of the lake frontage on the property. He added that Shadow Lane does not continue to the north because of a 4' high chain link fence that prevents traffic flow to Harbor Bay Road. He noted the property was annexed into the City with this pre-existing condition and there are presently no plans to extend the road. Fred Baker, 3071 Shadow Lane, said he had nothing to add to Mr. Tucker's introduction. Motion by Ameringer for approval of the variance to construct a garage in the front yard area with a 15' front yard setback to Shadow Lane and a 3' setback to Harbor Bay Road. Seconded by Hentz. Motion approved 5-0. Unanimous. Finding of the fact: It was concluded it would be an aesthetic improvement to the unique property, there would be no adverse impact on surrounding neighbors, and it would be consistent with other garages in the area. There being no further business, the meeting adjourned at 3:41 p.m. Respectfully submitted, ~i~ i0~ Matt Tucker Associate Planner MT/mld ~OF pS/~.~ ~i City of Oshkosh Dept. of Community Development City Hall C.. 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 (920) 236-5059 BOARD OF APPEALS AGENDA MAY 22, 2002 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, MAY 22, 2002 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF MAY 8, 2002 MEETING MINUTES I: 637 W. 6TH AVENUE Daniel Schmidt, applicant and owner, is requesting a building code variance to allow for the creation of a bathroom within an existing second floor closet space that upon completion will have a finished ceiling height of 6 feet 9 %2 inches. II: 3071 SHADOW LANE Fred Baker, applicant and owner, is requesting a variance to construct a garage in the front yard area with a 15' front yard setback, whereas Section 30-17(B)(4) of the City of Oshkosh Zoning Ordinance requires garages be located in the side or rear yard. OTHER BUSINESS ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION AT (920) 236-5059, BETWEEN 8 AM - 4:30 PM, MONDAY THRU FRIDAY STAFF REPORT BOARD OF APPEALS MAY 22, 2002 ITEM I: 637 W 6TH AVE GENERAL DESCRIPTION AND BACKGROUND Daniel Schmidt, owner, is requesting variances to the City's Building Code. Per Oshkosh Building Code Section 7-33, persons may file an appeal to the Board of Zoning Appeals as provided in the City Zoning Ordinance, Section 30-6(B)(2)(a) if an equally good or better form of construction is proposed. All appeals shall be accompanied by supporting data. This application is being made to allow the conversion of an existing closet area into a second floor bathroom. VARIANCE REQUEST #1 Allow for the creation of a bathroom within an existing second floor closet space that upon completion will have a finished ceiling height of 6 feet 9 1/2" inches. Where as Oshkosh Municipal Code Section 7-34(B)(2) adopting the State Uniform Dwelling Code Section COMM 21.06 requires a minimum of 7 feet ceiling height for at least 50% of the rooms floor area. The state code applies to all homes built since June 1, 1980. The City of Oshkosh adopts this code with some exceptions to apply to existing housing stock to maintain a level of consistency throughout the City. In this case the City has not adopted an exception to the ceiling height requirement. ANALYSIS AND RECOMMENDATION In reviewing a variance request, the following question should be addressed: What proposed means and rationale of providing an equivalent degree of health, safety and welfare as addressed by the section petitioned will be provided? The applicant is requesting to be allowed to construct a second floor bathroom in an existing closet. It should be noted that there are two existing bedrooms and a hallway on the second floor that have the finished ceiling height of 6' 9 %". The code as written was intended to allow for persons to safely exit an occupied area. This is especially important in the event of an emergency such as in the case of a fire. With a reduced ceiling height the speed at which a room fills with smoke is increased and STAFF REPORT -2- BOARD OF APPEALS ITEM I MAY 22, 2002 the level at which the smoke would be at the beginning of a fire is lower which will lead to a reduced time for safe exiting. When reviewing this variance request you must assess what measures the applicant has proposed to offset the safety issues addressed by the code. In short, what will be done to make this finished space that has a ceiling height of less than the code required 7 feet, equally or more safe than what the code required. It should be noted that by adding a second floor bathroom there would be no increase in the habitable areas on that floor level. The second floor of this home currently has two finished bedrooms with 6' 9 '/s" finished ceiling heights. As this is an older house, pre 1980, the ceiling height for the second floor may not have been a concern when the house was built. If the Board determines a variance is warranted for this application, this office recommends approval with no conditions. Return to: Inspection Services CITY OF OSHKOSH 215 Church Ave, PO Box 1130 APPLICATION FOR BUILDING VARIANCE Oshkosh, WI 54902-1130 Please write legibly with black ink and also submit all required information for the variance. There is a $125.00 fee for each variance application. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Owner Information: Name: ~~A•Jr4.t. ~ G i''i w ~ p ~ Address: ~,s ~ ~ ~ Tff Home Telephone #: 2.3s~7az~ Work Telephone #: Project:Information: Jt,.~~t_s._ F,,~,A, ~c. Type of Building: Building Address: ~~rr~ Yyv2 - ,S'gyy Contractor Information: ~ Name of Company: ~i t.(,~.~M+ , Address of Company: Telephone #: -S'~ `~ Contact Person: ~+R N r In order to be granted a variance, each applicant must be able to prove that an unnecessary hardship would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides information on what constitutes a hardship. (Attach additional sheets, if necessary,. to provide the information requested. Additional information may be requested as needed.) 1. State the code section being petitioned AND the specific condition or issue you are requesting be covered under this petition for variance. ~~~„ C7.u Ssto ~. a 1Q-trsaE ~'"` the reason why compliance with ILi. cannot be attained without the u State your proposed means and rationale of providing equivalent degree of health, safety, or welfare as addressed by the code section vetitioned_ 4. .~ d ~ ~ ~tr V iN0 / A(y /~. b{i ~ T- /~7` ~~ ~L'r- I~~ /F~') ~~i~` / 1r.'Q /~ /1 lr' Ins ' J i ~r.~ w l N ~ S'~4c.S. !$-/• ~ ~~ - -- - ~.~ ..~..~. c i- ire NOTE: The petitioner must be the owner of the building or project. Tenants, agents, designers, contractors, attorneys, etc., shall not sign unless Power of Attorney is submitted with the Petition for Variance Application. 1 state as petitioner that 1 have read the foregoing petition and I believe it is true and that'I have si ificant ownership rights to the subject building or project. boner's Name (sig afore) .~~a Aa List all attachments to be considered as part of the petitioners statements (i.e. model code sections, test reports, research articles, expert opinions, pr~ously approve variances, pictures, plans, sketches, etc.). i .~ -,- ~ - ~ ~, - i ^ u~ ~YY uY ~ ~ x ~VU ~ v --643 - ~ ~ ~' u~ ~~?'~' ~X~G ~•~~v~ ~: ~~ . :n I ~ ~ ~ ~ ~n 63 :. - '4 * ~ _ ~x, xx~ '~ K ~ ~` . x x X ~ ~ ~ ~ ' ~ Y~~ v~a~C ~u . { i j T ~~ ~ T l~ ~ ~ - x n x . x ~~ ~~ x" x X X KK X }h? X ~ YV X ~t xY k~i ~ u Yti v ~/ ~/ _ Y v y u_ v _ ~ ~~ ^ ~ ^ ~ ~ ~ f ~ ~/h ~ ~ Th - ^ ~ ffi~ X X~ ~ ~ x v~ hxX~ ~k K X Xy x Kv x x ~x x Y x ~ 9.,<'~" ~`9 ~ ~` .s4 aak `'`F ~~. •~ 636 ~ 628 __ DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and in(ormatioo located in various city, county and state offices and other sources affecting the area shown and i[ is [o be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the city ar osbkosn. Close Up View N 637 W 6th Ave City of Oshkosh Wisconsin O.I'HKOlH Community Development ON THE WATER 20 0 20 40 60 Feet 05/06/02 Created by - MLD '~o .~~. O~MPS~ a Site -~~ DISCLAIMER This map is neither a -egally recorded map nor a survey and it is not intended to be used as one. This drawing is a compi-ation of records, data and iatormation heated in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. ~~~ ~~~~~ O W AVE. ~~ ~~~~ Birds Eye View N 637 W 6TH Avenue City of Oshkosh Wisconsin Community Development OlHKO.lH ors ntta w~rEn 0 700 Feet Created by - MLD US~U6~~2 ~ _- __ Subject Site VE w J C-2 S W . 4 HAVE. _ E. ~~ O_ O DISCLAIlVIER Existing Zoning This map is neither a legally recorded map nor a survey and it is not intended to be need as one. 637 W 6TH Avenue This drawing is a compilation of records, data Ci f and intormatlon located io various city, county ty o Oshkosh Wisconsin and state offices and other aaurca affecting the area shown and it is to be used for reterooce Community Development V purpose only. The City of Oshkosh is n t ! HK f ~,,,~ o re . sponsible for any inaccuracies herein contained. on ntt: waTEa It discrcpencies are found, please contact the 500 0 500 Feet City otOshkosh. Created by - MLD 05/06/02